Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
A first step toward co-operation would be more discussion of law in
the press. Several years ago Charles E. Hughes in a public address
said that one reason why courts and lawyers were so unpopular in this
country was the unfamiliarity of the people with what they were doing.
Outside of criminal prosecutions, divorces, and large constitutional
cases, newspapers give very little attention to legal questions, and
even these cases are presented fragmentarily with almost no attempt
to present their historical background and the general principles
at issue. There is nothing to compare with the resumé of trials
and decisions which appears from day to day in the London _Times_,
no popular exposition of legal problems such as Woods Hutchinson
has done for medicine or numerous writers for the achievements of
Einstein. Surely law can be made as intelligible and interesting to
the ordinary educated reader as relativity. It enters so intimately
into human relationships that some knowledge of it is very important,
not as a guide in specific transactions as to which a lawyer ought
to be consulted, but as part of the mental stock-in-trade of the
well-informed citizen. Wider realization of the difficulties of the
work of judges and lawyers would bring about a friendlier and more
helpful popular attitude.
The public might understand, for example, why law does not progress
so conspicuously and rapidly as medicine or engineering. Part of the
blame rests, no doubt, upon lawyers, who have been less active than
other professions in discussing and applying new ideas, but the very
nature of the subject is an obstacle to quick change. In law, progress
requires group action; the individual can accomplish little. The
physician who discovers a new antitoxin, the surgeon who invents a new
method of operating for gastric ulcer, can always, if his reputation be
established, find some patient upon whom to test his conception. Its
excellence or its faults can be rapidly proved to his own mind and
that of any skilled onlooker. And new ideas, if sound, mean a larger
practice and money in his pocket. The lawyer gets no such rewards for
improving the law, and has no such opportunities for experiment. If
he is convinced by observation, wide reading, and long thinking, that
arrest for debt should be abolished, or the property of a spendthrift
protected by law from his creditors, or trial by jury abandoned
except in criminal trials, he cannot try out these theories upon some
client. He must sacrifice days from his regular work to persuade a
whole legislature to test his idea upon thousands of citizens, and if
the idea is a bad one, the experiment will be a widespread disaster.
Consequently law reform always faces an instinctive and discouraging
legislative opposition. Even after every State except two had adopted
the Uniform Negotiable Instruments Law, the Georgia legislature refused
to do so because the Act abolished days of grace, the old custom
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